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Supreme Court to Hear Arguments on Trump's Birthright Citizenship Order

The Court will review nationwide injunctions blocking the executive order ahead of a decision expected by June.

The U.S. Supreme Court is seen on April 7, 2025, in Washington, D.C.
Cuban migrants Dianys Dominguez Aguila, 21, and her boyfriend Andisley Gutierrez Fernandez, 28, have been waiting on the Paso Del Norte Bridge for days, seeking asylum on November 4, 2018 in El Paso, Texas.

Overview

  • The Supreme Court has scheduled oral arguments for May 15 to consider whether lower courts overstepped in issuing nationwide injunctions against Trump's executive order on birthright citizenship.
  • Trump's January 20 executive order seeks to deny automatic citizenship to children born in the U.S. to noncitizen parents, a policy blocked by federal district courts in Washington, Maryland, and Massachusetts.
  • The administration argues that the 14th Amendment's Citizenship Clause does not extend to children of undocumented immigrants or temporary visa holders, challenging over a century of legal precedent.
  • Challengers, including 22 Democratic state attorneys general and immigrant rights groups, contend the order violates the Constitution and could strip citizenship from hundreds of thousands of children annually.
  • The Court's decision, expected by the end of June, could address both the constitutionality of the order and the broader issue of nationwide injunctions as a judicial tool.